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HomeMy WebLinkAboutPC Res 18-23 - 2018-12-17RESOLUTION NO. 18 -23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18- 12 TO ALLOW THE INTERIOR REMODEL OF A NONCONFORMING DUPLEX THAT IS NONCONFORMING DUE TO DENSITY, PARKING, AND SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 122 14TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Kay MacDonald ( "the applicant'), submitted an application to the Community Development Department for Minor Use Permit 18 -12. The proposed project includes the interior remodel of bedrooms and kitchen along with the replacement of an existing exterior staircase to an existing multi - family residence that is nonconforming due to setbacks, density, and parking located in the Residential High Density (RHD -20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of an interior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on December 17, 2018 to consider Minor Use Permit 18 -12. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 18 -12 for a proposed project at 122 14th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,750 square feet per assessor's records. The property is approximately 25 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a primary residence and an apartment unit above the existing detached 2 -car garage. Based on the existing rear and side yard setback conditions, parking and density, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration the exterior doors, stair cases and the interior remodel of 25 percent of walls, provided the bedroom /bathroom ratio does not exceed one and one half bathrooms for each bedroom. Page 1 of 3 Resolution 18 -23 12214 th street Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The proposed alteration of the exterior staircase and interior walls of the primary residence will be compatible with the architectural style of the existing building and will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD -20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.8) allows minor improvement such as alteration of staircases and interior remodeling of 25 percent of walls with approval of a Minor Use Permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with two residences with a detached two -car garage. The alteration of the exterior staircase of the existing dwelling unit above the garage and the remodel of the interior walls of the primary residence to reconfigure the closets and open up the floor plan will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD -20 zone, which consists of properties developed as single family and multi - family residences. The improvement will not add habitable space, will not change existing operating characteristics of the duplex, and will remain similar to surrounding uses throughout RHD -20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 18 -12 for the interior remodel of bedrooms and the kitchen along with the replacement of an exterior staircase of the duplex which is nonconforming is subject to the following conditions: 1. Minor Use Permit 18 -12 is approved for the interior remodel of bedrooms and the kitchen along with the replacement of an exterior staircase of the duplex located at 122 14`h Street. Page 2 of 3 Resolution 18 -23 122 14th street 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18 -12. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 5. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on December 17, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners < ABSTAIN: Commissioners Michael Thbffi5s Chairperson ATTEST: stal av tanning C.,offirnission Secretary Page 3 of 3